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RICHARDS BUTLER 1 Presentation: The amended Copyright Ordinance: How does it affect teachers and students? Organiser: Civic & Moral Education Committee.

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Presentation on theme: "RICHARDS BUTLER 1 Presentation: The amended Copyright Ordinance: How does it affect teachers and students? Organiser: Civic & Moral Education Committee."— Presentation transcript:

1 RICHARDS BUTLER 1 Presentation: The amended Copyright Ordinance: How does it affect teachers and students? Organiser: Civic & Moral Education Committee Sir Ellis Kadoorie Secondary School (W.K.) Presenter: Asha Sharma Date: 16 November 2007

2 RICHARDS BUTLER 2 What is copyright? Copyright protects the expression of ideas, not the idea itself Copyright protects the expression of ideas, not the idea itself e.g. your original recipe for a Chinese dish does not have copyrighte.g. your original recipe for a Chinese dish does not have copyright But if you write it down, record a sound, make a video tape, draw a diagram, take photos regarding the recipeBut if you write it down, record a sound, make a video tape, draw a diagram, take photos regarding the recipe  protected by copyright law Copyright need not be registered Copyright need not be registered arises naturally from the moment a ‘work’ is first reduced to a permanent formarises naturally from the moment a ‘work’ is first reduced to a permanent form © symbol: - not a sign of registration© symbol: - not a sign of registration - only a warning

3 RICHARDS BUTLER 3 The 4 new changes 1)Copyright Ordinance s.41A the new "fair dealing" exception for teachers & studentsthe new "fair dealing" exception for teachers & students 2)Copyright Ordinance s.45 reasonable scanning and photocopying applies to students nowreasonable scanning and photocopying applies to students now 3)Copyright Ordinance s.43 schools can play audio/video recordings before a wider audience nowschools can play audio/video recordings before a wider audience now 4)Copyright Ordinance s.35B School can use parallel imports for educational purposeSchool can use parallel imports for educational purpose

4 RICHARDS BUTLER 4 (1) New “fair dealing” exemption newly added exemption newly added exemption came into effect on 6 July 2007 came into effect on 6 July 2007

5 RICHARDS BUTLER 5 (1) New “fair dealing” exemption WHY? (1)to facilitate modern teaching methods (e.g. frequent use of multimedia) (1)to facilitate modern teaching methods (e.g. frequent use of multimedia) (2)to protect reasonable and fair use of copyright works for teaching and learning (2)to protect reasonable and fair use of copyright works for teaching and learning

6 RICHARDS BUTLER 6 (1) New “fair dealing” exemption WHO? (1)teachers (1)teachers (2)people acting on behalf of a teacher (2)people acting on behalf of a teacher (e.g. teaching assistant) (3)students (3)students

7 RICHARDS BUTLER 7 (1) New “fair dealing” exemption WHAT? applies to "fair dealing" for the purposes of giving and receiving instruction in a "specified course of study" applies to "fair dealing" for the purposes of giving and receiving instruction in a "specified course of study"

8 RICHARDS BUTLER 8 (1) New “fair dealing” exemption specified course of study: a course of study for delivery of a curriculum developed on the basis of curriculum guidelines issued by Curriculum Development Council a course of study for delivery of a curriculum developed on the basis of curriculum guidelines issued by Curriculum Development Council a course of study which consists of an assessment of a student's competence in the area covered by the course, and leads to the award of a qualification a course of study which consists of an assessment of a student's competence in the area covered by the course, and leads to the award of a qualification

9 RICHARDS BUTLER 9 “fair dealing” test SOME relevant circumstances, e.g. purpose of the use of copyright material: purpose of the use of copyright material: commercial VS educationalcommercial VS educational duplicate a substantial portion? duplicate a substantial portion? adversely affect the market for the copyright material? adversely affect the market for the copyright material? e.g. exemption unlikely to apply to a new movie currently showing in cinemase.g. exemption unlikely to apply to a new movie currently showing in cinemas

10 RICHARDS BUTLER 10 Literary work & Dramatic work poems poems computer programmes computer programmes intellectual creation of a table intellectual creation of a table dance dance play scripts play scripts …etc. …etc.

11 RICHARDS BUTLER 11 Literary work & Dramatic work Acknowledgement (title, author, etc.) IF “YES” - go to fair dealing test IF “NO” - not fair dealing

12 RICHARDS BUTLER 12 Good Practice Tips Teachers should acknowledge title, creator, source of a copyright work and record the date of copying the work, Teachers should acknowledge title, creator, source of a copyright work and record the date of copying the work, should do so in a way obvious to a readershould do so in a way obvious to a reader When scanning and photocopying copyright work, teachers should add their own input When scanning and photocopying copyright work, teachers should add their own input e.g. descriptions, captions, grouping, etc.e.g. descriptions, captions, grouping, etc. Avoid using the entire original work unedited and unprocessed Avoid using the entire original work unedited and unprocessed extract the relevant partextract the relevant part Teachers should teach students to quote the title, source and author of potential copyright materials in their homework, projects, etc. Teachers should teach students to quote the title, source and author of potential copyright materials in their homework, projects, etc.

13 RICHARDS BUTLER 13 TV recording Acknowledgement (title, author, etc.) IF “YES” - go to fair dealing test IF “NO” - not fair dealing

14 RICHARDS BUTLER 14 Good Practice Tips State: State: Title;Title; Producer (source);Producer (source); Descriptions of the TV programme.Descriptions of the TV programme. Add in the recording itself Add in the recording itself With help of information technologyWith help of information technology

15 RICHARDS BUTLER 15 School network If the school fails to adopt technological measures to restrict access to copyright materials to people using them for the specified course of study If the school fails to adopt technological measures to restrict access to copyright materials to people using them for the specified course of study NOT FAIR DEALING !

16 RICHARDS BUTLER 16 Good Practice Tips Set password to restrict access to copyright material Set password to restrict access to copyright material Only authorised personsOnly authorised persons be given password Use alternative ways instead of intranet to keep copyright items Use alternative ways instead of intranet to keep copyright items CDs, hardcopies, etc.CDs, hardcopies, etc.

17 RICHARDS BUTLER 17 School network If the school fails to ensure that copyright materials are not kept longer than necessary in its intranet If the school fails to ensure that copyright materials are not kept longer than necessary in its intranet In any case not > 12 months!In any case not > 12 months! NOT FAIR DEALING !

18 RICHARDS BUTLER 18 Good Practice Tips Remove the copyright materials from the network after use Remove the copyright materials from the network after use Implement a policy to regularly check the intranet for any copyright materials which are already not in use Implement a policy to regularly check the intranet for any copyright materials which are already not in use e.g. monthly checkse.g. monthly checks

19 RICHARDS BUTLER 19 School network After use of a copyright item for educational purpose, any subsequent… After use of a copyright item for educational purpose, any subsequent… sale,sale, letting,letting, hiring orhiring or offering for sale or hireoffering for sale or hire ……of such copyright item can still amount to copyright infringement.

20 RICHARDS BUTLER 20 Good Practice Tip NO FINANCIAL GAIN in any form from the copyright item NO FINANCIAL GAIN in any form from the copyright item to the schoolto the school to any staffto any staff

21 RICHARDS BUTLER 21 (2) Reasonable scanning & photocopying Before amendment Before amendment teachers may scan or photocopy copyright materials e.g. literary or dramatic work, to a reasonable extent without infringing the copyrightteachers may scan or photocopy copyright materials e.g. literary or dramatic work, to a reasonable extent without infringing the copyright if there is no licensing scheme available for copying those materials.if there is no licensing scheme available for copying those materials. After amendment After amendment the same exception is extended to students.the same exception is extended to students. reasonable extent reasonable extent no fixed ruleno fixed rule

22 RICHARDS BUTLER 22 Good Practice Tip Add the following details on the front page or a covering sheet of the scanned or photocopied materials: Add the following details on the front page or a covering sheet of the scanned or photocopied materials: Author (if known): Title of the work: Source (publisher): Date of making of this copy: This material has been copied in accordance with the "Guidelines for Photocopying of Printed Works by Not-for-Profit Educational Establishments". You are not permitted to make any further copy of this work, or to make it available to others. It is important to understand and respect copyright.

23 RICHARDS BUTLER 23 (3) playing audio and video recordings Before amendment of s.43 activity (a) performance of a literary, dramatic or musical work by teachers or students, and activity (a) performance of a literary, dramatic or musical work by teachers or students, and activity (b) playing a sound recording, film, TV programme in school premises for teaching purposes activity (b) playing a sound recording, film, TV programme in school premises for teaching purposes only before an audience of teachers, students, parents and guardians.

24 RICHARDS BUTLER 24 (3) playing audio and video recordings After amendment of s.43 these activities are exempted from copyright infringement if done before an audience consisting wholly or mainly of: these activities are exempted from copyright infringement if done before an audience consisting wholly or mainly of: teachers;teachers; students;students; parents or guardians of the students; andparents or guardians of the students; and other persons directly connected with the activities of the school.other persons directly connected with the activities of the school.

25 RICHARDS BUTLER 25 Case Study - 1 In a parent-teacher meeting with attendance of some near relatives of the students and non-teaching members from the School Management Committee, a teacher plays a copyright clip regarding moral education. Q:Any breach of copyright? A:Probably NO after the amendment Probably YES before the amendment audience not just students, teachers, parents/guardians but audience consist wholly or mainly of these classes of people AND people directly connected with the activities of the school

26 RICHARDS BUTLER 26 Case Study - 2  In a school open day which is open to the general public, a teacher plays a copyright clip to the public. Q:Any breach of copyright? A:Probably YES before and after amendment.  many of the audience not directly connected with the activities of the school  many may only be passers-by who happen to enter the school premises

27 RICHARDS BUTLER 27 (4) Use of parallel imports Before amendment a school might be found liable for infringing copyright by possessing, playing or showing a parallel imported copy of copyright work a school might be found liable for infringing copyright by possessing, playing or showing a parallel imported copy of copyright work What are “ Parallel imported copies ”?What are “ Parallel imported copies ”? -genuine copies that are originally made and destined for a market outside Hong Kong, and are subsequently imported into Hong Kong without the consent of the copyright owner

28 RICHARDS BUTLER 28 (4) Use of parallel imports After amendment (now: s.35B) if a school imports or possesses a parallel imported copy of copyright work and plays or shows it in public for educational purposes of the school, there is no copyright infringement. if a school imports or possesses a parallel imported copy of copyright work and plays or shows it in public for educational purposes of the school, there is no copyright infringement. e.g. movies, musical recordings, TV dramase.g. movies, musical recordings, TV dramas

29 RICHARDS BUTLER 29 Case Study - 3 The English panel possesses a parallel imported copy of CD which may be played to teach students English phonetics. The English panel possesses a parallel imported copy of CD which may be played to teach students English phonetics. Q:Any copyright infringement? A:Probably NO after the amendment Probably YES before the amendment

30 RICHARDS BUTLER 30 Case Study - 4 An Arts teacher instructs a student to work on a project about a famous painter. The student incorporates into the project two paragraphs of commentaries about the painter from a copyright article. The student acknowledges the source of the commentaries on the first page of his project portfolio. An Arts teacher instructs a student to work on a project about a famous painter. The student incorporates into the project two paragraphs of commentaries about the painter from a copyright article. The student acknowledges the source of the commentaries on the first page of his project portfolio. Q:Any copyright infringement under s.41A? A:Probably NO. - acknowledgement of source - passes the "fair dealing" test - non profit-making, for educational purpose - only a small portion copied from the copyright work

31 RICHARDS BUTLER 31 Case Study - 5 A student prepares for the HKCEE public exam and photocopies 3/4 of a popular textbook, as he thinks the textbook is too expensive. A student prepares for the HKCEE public exam and photocopies 3/4 of a popular textbook, as he thinks the textbook is too expensive. Q:Any copyright infringement under s.41A? A:Probably YES. - does not pass the "fair dealing" test - excessive portion copied from the textbook - adversely affects the market for the textbook

32 RICHARDS BUTLER 32 Case Study - 6 A teacher plays a DVD of a movie currently showing in cinema to the class to reward the students' efforts in the previous exams. A teacher plays a DVD of a movie currently showing in cinema to the class to reward the students' efforts in the previous exams. Q:Any copyright infringement under s.41A? A:Probably YES. - does not pass the "fair dealing" test - current movie - adversely affects the market for the movie - not for educational purpose

33 RICHARDS BUTLER 33 Case Study - 7 A teacher compiles a power point presentation regarding Chinese culture. She includes a short copyright clip of a film which is not currently shown in cinemas but which is helpful in demonstrating Chinese culture. A teacher compiles a power point presentation regarding Chinese culture. She includes a short copyright clip of a film which is not currently shown in cinemas but which is helpful in demonstrating Chinese culture. The teacher states in the power point the title of the film, the producer and the director. Q:Any copyright infringement under s.41A? A:Probably NO. - acknowledgement of source - passes the "fair dealing" test - non profit-making, for educational purpose - just a small portion copied from the work

34 RICHARDS BUTLER 34 PLAY SAFE! Thank you very much.


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